Southwestern Telegraph & Telephone Co. v. Beatty
Supreme Court of Arkansas
Appeal from Saline Circuit Court. Abexander M. DuEEie, Judge. 1. The evidence did not warrant the verdict. But granting that a brick struck plaintiff, is it not more probable that it was knocked off by persons crowding about the fire-wall, than by the guyed cleat ? There are several theories that are as probable as that defendant caused the brick to fall. And if they are equally probable, the proof fails. 57 Ark. 402. Defendant was author-ised to stretch its wires as it did.
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Appeal from Saline Circuit Court. Abexander M. DuEEie, Judge. 1. The evidence did not warrant the verdict. But granting that a brick struck plaintiff, is it not more probable that it was knocked off by persons crowding about the fire-wall, than by the guyed cleat ? There are several theories that are as probable as that defendant caused the brick to fall. And if they are equally probable, the proof fails. 57 Ark. 402. Defendant was author-ised to stretch its wires as it did. Sand. & H. Dig-, secs. 275-7-8. It was not an illegal act. Mark the distinction between doing a legal act in a…
1Opinion of the CourtBattle, J.
James Beatty brought this action against the Southwestern Telegraph & Telephone Company, and stated in his complaint that the defendant had negligently constructed its wire line from Rock street, in Rittle Rock, in this state, to the corner of the roof of Carl & Tobey building, in the same city, “and had loosely and carelessly nailed, with only two nails, a piece of wood, two by four inches in size and about two feet long, to an ornamental projection of brick above said roof, and negligently placed said timber so as to project one foot beyond the edge of said brick, where it stood loose and…
2Cases cited4 opinions
- City Electric Street Railway Co. v. ConerySupreme Court of Arkansas · 1895
- Railway Co. v. HendersonSupreme Court of Arkansas · 1893
- Railway Co. v. HopkinsSupreme Court of Arkansas · 1891
- Ward v. . Atlantic and Pacific Telegraph Co.New York Court of Appeals · 1877
3Cited by10 opinions
- Coca Cola Bottling Co. v. ShippSupreme Court of Arkansas · 1927
- Southwestern Telegraph & Telephone Co. v. BruceSupreme Court of Arkansas · 1909
- Upp v. DarnerSupreme Court of Iowa · 1911
- St. Louis & San Francisco Railroad v. CarrSupreme Court of Arkansas · 1910
- North Little Rock Transportation Co. v. FinkbeinerSupreme Court of Arkansas · 1967
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